WaveWare SPS-5 v9E - Manual (Page 59)

termination, Licensee and Third Party will immediately stop using the Software, Documentation, and derivatives thereof,
and immediately destroy all such copies.
10. Warranty Disclaimers. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. MICROCHIP
AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR THE ACCURACY, RELIABILITY OR APPLICATION OF
THE SOFTWARE OR DOCUMENTATION. MICROCHIP AND ITS LICENSORS DO NOT WARRANT THAT THE
SOFTWARE WILL MEET REQUIREMENTS OF LICENSEE OR THIRD PARTY, BE UNINTERRUPTED OR ERROR-
FREE. MICROCHIP AND ITS LICENSORS HAVE NO OBLIGATION TO CORRECT ANY DEFECTS IN THE
SOFTWARE.
11. Limited Liability. IN NO EVENT WILL MICROCHIP OR ITS LICENSORS BE LIABLE OR OBLIGATEDUNDER ANY
LEGAL OR EQUITABLE THEORY FOR ANY DIRECT OR INDIRECT DAMAGES OR EXPENSES INCLUDING BUT
NOT LIMITED TO INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS
OR LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, OR ANY
CLAIMS BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ANY DEFENSE THEREOF), OR OTHER SIMILAR
COSTS. The aggregate and cumulative liability of Microchip and its licensors for damages hereunder will in no event
exceed $1000 or the amount Licensee paid Microchip for the Software and Documentation, whichever is greater.
Licensee acknowledges that the foregoing limitations are reasonable and an essential part of this Agreement.
12. General. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE
OF ARIZONA AND THE UNITED STATES WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. Licensee
agrees that any disputes arising out of or related to this Agreement, Software or Documentation will be brought
exclusively in either the U.S. District Court for the District of Arizona, Phoenix Division, or the Superior Court of Arizona
located in Maricopa County, Arizona. This Agreement will constitute the entire agreement between the parties with
respect to the subject matter hereof. It will not be modified except by a written agreement signed by an authorized
representative of Microchip. If any provision of this Agreement will be held by a court of competent jurisdiction to be illegal,
invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and enforceable. No waiver of any breach of any provision of this
Agreement will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions
hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving
party. Licensee agrees to comply with all import and export laws and restrictions and regulations of the Department of
Commerce or other United States or foreign agency or authority. The indemnities, obligations of confidentiality, and
limitations on liability described herein, and any right of action for breach of this Agreement prior to termination, will
survive any termination of this Agreement. Any prohibited assignment will be null and void. Use, duplication or disclosure
by the United States Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause of FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR
Supplement. Contractor/manufacturer is Microchip Technology Inc., 2355 W. Chandler Blvd., Chandler, AZ 85224-6199.
If Licensee has any questions about this Agreement, please write to Microchip Technology Inc., 2355 W. Chandler Blvd.,
Chandler, AZ 85224-6199 USA. ATTN: Marketing.
Copyright (c) 2012 Microchip Technology Inc. All rights reserved.
License Rev. No. 05-012412
This Completes the “Copyrights/Licensing” and ends this v9E User Manual.
Please Contact your WaveWare Dealer for Support.
WaveWare Website: www.WirelessMessaging.com Tech Support: [email protected]
Email Sales at: [email protected] Phone: 1.800.373.1466